Many violent crimes in Madison fall under Chapter 940 of Wisconsin State Statutes, "Crimes Against Life and Bodily Security." A 'simple' battery could be considered a Class A misdemeanor with a penalty of up to $10,000, 9 months in prison or both. Battery charges involving law enforcement, firefighters, emergency personnel, healthcare providers, pregnant women and family members and batteries using dangerous weapons carry significantly higher fines and much longer prison sentences. A first-degree sexual assault is a Class B felony with fines of up to $100,000 and/or up to 60 years in prison.
Domestic Violence Attorneys Madison office just off the Beltline
Penalties for Domestic Abuse in Dane County
Consequences for domestic violence charges depend on what criminal battery charges you’re facing. Whatever the case, bail jumping only makes your outcome worse.
Class A Misdemeanor Battery Charges Involve:
- Up to 9 months in jail
- Maximum fines of $10,000
- Domestic Violence fee of $100
- Increased jail time (up to 6 months) for using or threatening to use a weapon
- Community Service
Battery is defined as the intentional infliction of bodily harm or offensive contact to another person without their consent. If you're facing felony charges for battery, the LEAST SEVERE punishment in Wisconsin is a maximum of 3.5 years in prison and/or fines of up to $10,000. The MOST SEVERE penalty for felony battery in Wisconsin is a maximum of 15 years in prison and/or fines up to $50,000.
The Domestic Violence Defense Lawyers Madison Relies on for Dropping or Reducing Misdemeanor and Felony Criminal Charges
In Wisconsin, the charge of domestic violence is usually bundled with other charges to increase the severity of the consequences. Domestic violence charges can change the life of the accused, especially when drug charges, sexual assault charges, false imprisonment charges, misdemeanor or felony battery charges and/or firearm charges are added.
How to Beat a Domestic Violence Charge in Dane County
A domestic violence conviction hangs on the ability to prove the situation was domestic and the act itself was violent. In order to win a domestic violence defense case, you will have to disprove one of these two elements.
By law, the domestic portion of domestic violence includes any person you have ever lived with. This means anyone you are currently living with, such as a significant other, parent, child, roommate and anyone you have previously shared a residence with, regardless of how long ago it was.
Disproving Violence to Drop a Frivolous Charge in Wisconsin
Violence leaves more room for interpretation. In addition to any unwanted physical contact, a domestic violence charge includes both direct threats and perceived threats. Violence, damaging property or making someone fear for their well-being based on your words and/or actions can all be considered domestic violence.
For example, if you break your roommate’s property out of anger during an argument, this action is deemed an act of violence. If the police get involved, you may be at risk for a domestic violence charge because it was an act of violence against a cohabitant. A conviction could threaten your ability to possess a firearm, secure housing and get a job.
If you or someone you know is facing a domestic violence charge in Wisconsin, speaking with our Madison-based criminal defense attorneys as soon as possible is vital to the outcome of your case. Allowing time for a defense strategy is crucial; an impending court date can limit that time.
Grieve Law LLC’s attorneys have a proven record of getting domestic violence cases dismissed and obtaining not-guilty verdicts on several cases in Dane County. Numerous Grieve Law clients have had their first offense drunk driving, domestic violence, gun and drug-related charges dropped or significantly reduced by working with Grieve Law. Beginning with a free consultation, our domestic violence defense team listens to the specifics of your unique case and builds the strongest defense possible to give you a second chance at your future.
When facing domestic violence charges in Waunakee, Fitchburg, Stoughton, Sun Prairie, Middleton or anywhere in Wisconsin, don't compromise your life and your freedom by chancing it with an average attorney. You need the Madison domestic violence lawyers with a reputation for winning.
Have you been arrested for Domestic Abuse in Wisconsin?
Police are obligated to arrest any person accused of domestic violence if the responding officer believes the person committed domestic abuse against a spouse, former spouse, someone they live with or used to live with, or a person they’ve had children with AND at least one of the following:
- Police believe the person is likely to continue violence;
- there is evidence of physical injury; or
- the accused is a known abuser in the relationship
In Wisconsin, Domestic Abuse Occurs When:
- A person commits sexual assault
- A person caused injury or inflicted pain
- A person’s physical activity causes a victim to fear sexual assault, injury or pain
After an arrest for domestic abuse, the accused must be seen by a judge or post bail before being released. Unless specified by a victim’s signed waiver, the accused is not allowed to contact the alleged victim or enter their place of residence for 72 hours after the arrest.
If these conditions are violated, a charge for violating the no-contact order will be added. The penalty for violating the no-contact order can result in up to 9 months in jail and/or a maximum fine of $10,000. Penalties for violating a no-contact order with a prior conviction for violating a no-contact order or for violating a no-contact order using violence or inflicting harm involve longer prison sentences.
You are only guilty if you are convicted™
Madison-Area Criminal Defense Attorneys Produce World-Class Domestic Violence Defenses
If you’re facing any type of domestic violence charge in Wisconsin, it is imperative you get a top-rated Madison criminal defense attorney.
Often domestic violence charges result from one of two unfortunate situations: (1) the alleged victim is fabricating or exaggerating the story for personal reasons or (2) the physical contact happened through self-defense.
Many times defendants admit to physical contact through police tactics that manipulate and confuse the accused, which is often taken as an omission of guilt. Your first priority when charged with assault is attaining a Dane County criminal defense attorney with a proven record of getting clients' lives back.
Contact our Madison Domestic Abuse Defense Lawyers for a FREE legal consultation.
How long will a domestic violence charge stay on my record?
A domestic violence conviction can have a lasting impact on your life, even if you are able to get it expunged. A domestic violence conviction directly impacts your second amendment right to bear arms and can indirectly impact your ability to find a job or secure housing. Even if you are granted an expungement, your conviction can still impact your right to own a gun under federal law. If you are not eligible for expungement, a domestic violence conviction will remain on your record for life.
How to beat a domestic violence charge in Madison
As the law currently reads, if you are convicted of a criminal act that includes a factor of domestic violence as an enhancer or even just having an element of domestic violence, you are banned from owning and possessing a firearm. This leaves you with two serious questions: (1) What makes a crime “domestic” in nature? And (2) What acts amount to “violence”? Getting a domestic violence charge in Madison dismissed frequently relies on the ability to disprove at least one of those two elements.
Determining what makes domestic violence “domestic” is the easier to answer of the two questions. For the purpose of the crime, domestic includes any person who you have ever resided with. This opens the door to an array of potential victims you either currently or have previously lived with- a significant other, a parent, a child, a sibling, a grandparent, a roommate, or anyone else, provided the “lived with” element is met.
What are the consequences of a domestic abuse charge in Wisconsin?
Consequences for domestic abuse charges in Wisconsin can range from a non-criminal citation to a felony offense. You may be subject to up to $50,000 in fines and up to 15 years in prison, and you can lose your firearm rights. You must abide by any no-contact orders or face additional serious charges and consequences.
How do I get domestic violence charges dropped in Wisconsin?
Hire a criminal defense attorney for your best chance at avoiding conviction or reducing your charges. It’s highly unlikely domestic violence charges will be erased from your record if you are convicted.
What’s the difference between a no-contact order and a restraining order?
A no-contact order prohibits parties involved in a domestic violence incident from contacting each other in any way for 72 hours. A restraining order is a court order for an individual to stay away from and cease contact with persons in danger of abuse or harassment. A restraining order can be granted without the knowledge of the alleged abuser.